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GRANT OF EASEMENT <br /> FOR WATER UTILITY FACILITIES <br /> TH,I� GRANT OF EASEMENT is made on this 1341 day of Fi"J <br /> 2017, by Vv hn l^ 5m)4-11) �., M GbJ,. Em;4-h , husband and wife, owner, <br /> ("Grantor")to Elk River Municipal Utilities,a Minnesota Municipal Utility("Grantee"). <br /> RECITALS <br /> Grantor is the owner in fee simple of real property in the County of Sherburne, <br /> Minnesota, which is legally described on Exhibit A attached hereto (the "Property"). Grantee <br /> desires to use a portion of the Property for the construction and maintenance of certain water <br /> utility facilities. <br /> NOW,THEREFORE,in consideration of the sum of One Dollar($1.00) and other good <br /> and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by <br /> Grantor: <br /> 1. Grant of Easement—Grantor hereby grants to Grantee, its successors and assigns, <br /> a permanent,non-exclusive easement(the"Easement")for the specific purpose of <br /> permitting Grantee the right to install, operate, maintain, repair, remove and <br /> replace water distribution lines, and related facilities (the "Utility Facilities") <br /> under, on or above the surface of that portion of the Property (the "Easement <br /> Area") described on Exhibit B attached hereto, together with the right of <br /> reasonable and necessary ingress and egress to and from the Easement Area in <br /> connection with the exercise of the rights granted herein. The Easement shall <br /> permanently run with the title to the Property and shall inure to the benefit of and <br /> be binding upon the parties hereto and their respective heirs, successors, and <br /> assigns, including,but without limitation,to all subsequent owners of the Property <br /> and the Easement Area and all persons claiming under them. <br /> 2. Use of Easement Area by Grantor— Grantor hereby agrees that Grantor will not <br /> perform or allow or cause the construction of any structures or other <br /> improvements on the Easement Area, including fencing or landscaping, which <br /> could damage or obstruct the Utility Facilities or interfere with Grantee's access <br /> to or Grantee's right to construct, maintain, and repair the Utility Facilities. <br /> 52 <br />